Exchange of information mandates cross-border tax cooperation while protecting confidentiality and limited by public policy. Article 26 requires competent authorities to exchange information necessary for applying the treaty and domestic tax laws, treat received information as secret and limit its use to tax assessment, collection, enforcement, prosecution and appeals unless both States' laws and the supplying State permit other uses; it also bars requiring measures contrary to domestic law, supplying unobtainable information or disclosing trade secrets or information contrary to public policy, and obliges requested States to use information gathering measures even without a domestic interest, including where information is held by financial intermediaries.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Exchange of information mandates cross-border tax cooperation while protecting confidentiality and limited by public policy.
Article 26 requires competent authorities to exchange information necessary for applying the treaty and domestic tax laws, treat received information as secret and limit its use to tax assessment, collection, enforcement, prosecution and appeals unless both States' laws and the supplying State permit other uses; it also bars requiring measures contrary to domestic law, supplying unobtainable information or disclosing trade secrets or information contrary to public policy, and obliges requested States to use information gathering measures even without a domestic interest, including where information is held by financial intermediaries.
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